Employees in Oregon are protected by Oregon labor laws to guarantee that their employers are paying them fairly. In order to know what you may anticipate from your employer in terms of your salary, it is crucial to understand what rights these laws give you as an employee.
There are three different minimum wages in Oregon, according to location. Notably, the appropriate wage that a business should pay an employee depends on where they are employed.
- The minimum wage in non-urban counties is $11.50 an hour.
- The hourly minimum wage in Standard Counties is $12.00.
- The minimum wage in the Portland Metro Area is $13.25 per hour.
For personnel who travel for business or hold multiple employment types, the employee must make the minimum wage in the county where they spend at least 50% of their weekly working hours.
Additionally, employers have the option of paying each county’s minimum wage to workers.
Through 2023, Oregon’s minimum wage will increase annually on July 1.
Most hourly workers in Oregon are entitled to overtime pay for any period over a total of 40 hours in a regular or single work week under the state’s overtime laws. Any 7 consecutive workdays make up a single workweek. The rate for overtime compensation is 1.5 times the employee’s regular hourly rate.
HR professionals need to be particularly aware of Oregon’s unique overtime requirements by industry and for employees in packing houses, logging camps, canneries, mills, and factories in addition to the fundamentals of payroll. While many people are free from overtime in Oregon, such as those who work as fishers, receive commissions, or are employed in a “white collar” business and make more than $27.63 per hour, overtime is still required for some jobs.
Hospitals are prohibited by labor law from making nurses work more than 12 hours per day or more than 40 hours per week, while nurses are free to work longer if they so wish. However, other than in cases involving minors or those covered by child labor laws, there are generally no restrictions on how much overtime can be demanded of other types of workers.
Employers in Oregon must provide employees with equal compensation for equal labor, regardless of their age, marital status, veteran status, race, color, religion, sex, sexual orientation, or national origin. Equal pay may not be accomplished by making pay cutbacks. Employers are required to display an updated Oregon Equal Pay Notice in a public area if it is not already part of a labor law poster.
When Must Paychecks Be Sent Out in Oregon?
Under Oregon paycheck laws, you have the right to a consistent payment that is delivered no less frequently than every 35 days. As long as the paydays are consistent, your employer may decide to pay you more frequently. These standards apply to both whether you are an hourly or salaried employee.
How Long Does an Employer Have to Correct a Paycheck Error in Oregon?
Paycheck errors can happen for a number of reasons. Common paycheck errors include timing mistakes, wage mistakes, and miscalculations of hours worked.
If the underpayment is less than 5% of the entire paycheck, Oregon permits employers to defer action until the next pay period. It is crucial for an employer to make sure that workers receive prompt payment for all salaries earned. Employers are advised to address payroll errors right away rather than waiting until the following pay month. Employers should also look into what went wrong with the payroll and fix it to prevent similar mistakes from happening again.
What Happens If I Am Fired?
Your employer is required to pay you if you were fired by the end of the following business day. Anyone quitting with at least 48 hours’ notice shall be paid in full on the day of such termination. But if you leave without giving your employer 48 hours’ notice, they must pay you within 5 business days or by your next payday, whichever comes first.
There are exceptions to Oregon’s final paycheck laws regarding final payments for seasonal farm employees. Seasonal agricultural employees are entitled to their final payment as soon as they are terminated, or within 48 hours of the following payday, whichever comes first, if they fail to give sufficient notice of their intention to leave.
Oregon does not require businesses to reimburse dismissed workers for wasted sick days, despite state law granting employees the right to paid sick leave. Your employer will only be obligated to reimburse you monetarily for any earned paid time off if they have already agreed to do so in your contract or as a part of their existing policy. In order to determine if you will be paid for your accumulated paid time off in your final paycheck, you should carefully review your employer’s policy and your employment contract.
Can My Paycheck Be Garnished?
A creditor attempting to collect delinquent taxes, unpaid student loans, or overdue child support may do so even without a court judgment ordering the deduction under Oregon employment laws. Without a court judgment against you, any creditor attempting to recover a personal debt through garnishment must go to court. The creditor could then withhold your salary in order to pay the debt.
Your employer cannot deduct that sum from your pay if you have damaged goods at work or if your activities have caused a shortage at the register. To get the money back, they must instead go to court with you.
Can I Recover a Withheld Paycheck in Oregon?
Withholding a paycheck refers to an employer’s refusal to compensate an employee for work performed. You have a right to your paycheck if it is being withheld. If your complaint against your employer is valid, the Wage and Hour Division of the Oregon Bureau of Labor and Industries will look into it and assist you in getting your money.
Should I Know Anything Else?
As long as the cost of the tools and uniforms does not bring the employee’s take-home pay below the minimum wage, companies in Oregon are permitted to make employees who make more than the minimum wage pay for them. Unless the uniform is sufficiently general to serve as street dress, minimum-wage workers cannot often be forced to pay for a uniform.
The following are the exact guidelines and legal criteria for providing employees with their final paycheck.
The final paycheck for workers who leave without giving 48 hours’ notice must be received within 5 business days or the following regular payday, whichever comes first, excluding weekends and holidays.
The final paycheck must be received by departing employees who have given 48 hours’ notice, unless the last day of work falls on a weekend or holiday. The final paycheck is due the following business day if it is a weekend or holiday.
The final paycheck must be received at the end of the first business day following an employee’s departure or termination by the company for those who are let go by mutual agreement OR by the employer.
All earned wages that have not yet been paid out to an employee should be included in their last paycheck.
When (and only when) an employer may take from final compensation are the following:
- It is obliged by law to do so (such as for taxes)
- The deduction has the employee’s written consent and is not being made for the employer’s benefit (for example, for an employee savings plan)
- A charitable donation is what is being deducted.
- The deduction relates to labor group dues.
- The deduction relates to the repayment of a loan that the employer and employee mutually agreed upon.
- According to a collective bargaining agreement, the deduction is permitted.
Employers in Oregon are not required to give their staff any paid time off. However, if an employer does include vacation time in its employment contract, money for any unused vacation time should be made available to the employee in their final paycheck.
Human resources (HR) workers in Oregon must be diligent with well-established employee handbooks and regulations because the lines between HR and other departments are frequently blurred, especially in start-ups and smaller businesses. To assist with compliance and risk reduction with regard to Payroll and all of the procedures necessary to effectively administer payroll within a firm, this may include obtaining outside compliance help and subscribing to outside resources.
The Oregon Fair Employment Practices Act protects workers from discrimination on the basis of race, religion, color, or national origin. If you believe your employer has refused to compensate you based on these terms, you may need to file a lawsuit.
Where Can I Find the Right Lawyer?
Some of your most crucial rights as an employee are those that pertain to compensation. If your company is not paying you the right amount and on time, you should speak with an employment lawyer in Oregon about enforcing your rights.
